News
Defense bill contains gay-related provisions
Expanded conscience protections; sodomy ban repealed in military code
The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)
The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”
The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.
The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.
Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.
“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”
Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.
The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.
A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.
Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”
“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”
After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.
Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.
“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.
Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.
“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.
But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).
In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.
Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.
ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.
“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”
Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B. The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.
According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.
Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.
“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.
Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it, preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.
The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.
On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.
“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”
Maryland
Trone discusses transgender niece
Blade interviewed Md. congressman, Angela Alsobrooks last week
Editor’s note: The Washington Blade last week interviewed both U.S. Rep. David Trone (D-Md.) and Prince George’s County Executive Angela Alsobrooks. The full interviews with both Democratic candidates for retiring U.S. Sen. Ben Cardin (D-Md.)’s seat will be on the Blade’s website later this week.
Maryland Congressman David Trone last week discussed his transgender niece during an interview with the Washington Blade about his U.S. Senate campaign.
Trone, who is running to succeed retiring U.S. Sen. Ben Cardin (D-Md.), on May 1 told the Blade during a telephone interview that his niece transitioned when she was in her early 20s. Trone also noted she attended Furman University, a small, liberal arts university in Greenville, S.C.
“I was concerned about how she would be able to transition there,” said Trone.
Trone, who founded Total Wine & More, attended Furman University as an undergrad and is on the school’s board of trustees. Trone told the Blade he donated $10 million to the university to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.”
Trone’s niece graduated from the university after she spent five years there.
“She had a great relationship with Furman,” said Trone.
Trone and Prince George’s County Executive Angela Alsobrooks are the leading Democrats running to succeed Cardin. The winner of the May 14 Democratic primary will face former Maryland Gov. Larry Hogan in November.
District of Columbia
200 turn out for ’Love Fest’ Drag Story Hour at Freddie’s
Performer reads stories to kids and parents as three protest outside
Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a “Love Fest” Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddie’s Beach Bar and Restaurant.
Local drag performer Tara Hoot, who read children’s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Men’s Chorus of Washington, which sang several songs before Hoot began reading from children’s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.
The May 4 event at Freddie’s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddie’s was delayed by a bomb threat, forcing those who had arrived to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.
All the customers, including parents and their kids, were invited back inside and the show took place as planned.
No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddie’s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an “abomination.”
The three protesters were outnumbered by nearly a dozen counter protesters who were members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.
Freddie Lutz, Freddie’s Beach Bar owner, called the event a “smashing success” that brought an “outpouring of love from the community.” Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”
“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.
Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddie’s.
“I went out back and tried to talk to one of them and it was kind of like talking to a brick wall,” Lutz told the Washington Blade. “He was screaming at the parents that were crossing their kids on the crosswalk,” Lutz said. “And I said, you’re screaming at those kids, you’re scaring them.”
Lutz said the man told him he was yelling at the parents, not the kids. “And I said, no you’re not. The kids are hearing you. You’re scaring them.”
Added Lutz, “And to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. It’s really sad. I told him my God is a forgiving and loving God.”
One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ.
“We want them to know this is an abomination to the Lord,” he told the Blade. “We want them to know those children don’t have a voice and they’re being brainwashed in there. We’re here to call out their sin.”
Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.
“I brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,” she said. “And I think it’s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,” she told the Blade.
“So that’s why I brought her,” Krenrich said. “I think that it’s really important that we stand up for our values and people just being themselves, being happy and being them.”
Among those who attended the event were four elected officials from Arlington – Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church State’s Attorney Parisa Dehgani-Tafti.
Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.
“It was fantastic to see so many people come out to support Freddie’s, to support the LGBTQ+ community,” McBeth said. “It was a great event and we’re happy to be a part of it.”
District of Columbia
Another successful Taste of Point fundraiser
Scholars praise financial, networking support
The Point Foundation hosted its annual Taste of Point DC fundraising event on Thursday with nine participating restaurants, a drag performance, and a silent auction.
The event was hosted on the rooftop of the Room & Board on 14th Street, with an afterparty at Shakers. Point donors, scholars, and alumni circled the rooftop eating chips and guacamole from Mi Vida and drinking Pinot Grigio from Barkada.
After about an hour of mingling the events began with event committee member, Kelly Horton and Kevin Kim Wright, chief of staff welcoming the crowd and speaking about the importance of their presence during this pivotal time in queer youth history. Then, Wright welcomed BIPOC Scholar Katherine Guerrero Rivera, saying she was a model of a Point scholar.
“We’re always impressed with all of our scholars and Katherine is another example of a student who is deeply engaged in their campus life and a myriad of projects, everything from creating her own podcast to being a part of a number of student organizations.” Wright said.
Rivera said that the Point Foundation scholarship helps her resist the pressure to drop out. She pointed out that just over 50 percent of Latina students who attend college graduate.
“The Point BIPOC Scholarship is not just financial support, Point has connected me with hundreds of people like me studying on campuses across the country.” she said.
Rivera is a criminology major and poetics minor at University of Maryland and said she hopes to use her degree to bring knowledge to her community through art and advocacy. She said it is important for her to take academic jargon and make it accessible to her community.
“Too often, the history of LGBTQ and people are ignored and silenced during our education,” she said. “I want to use my access to higher education and the chance to develop my creative skills to bring light to societal issues.”
She finished her speech with applause for the audience, then Horton came back with drag queen Tara Hoot to discuss ways donors could continue to support the Point Foundation.
After the lineup of events Wright said he felt great about the event, because it was a celebration of Point’s scholars.
“Some are interning for United States senators, some are volunteering for leading national non-profits, so to be able to celebrate all that’s being done here is truly amazing,”
Wright continued, thanking the D.C. restaurant community for consistently showing up in force to support Point.
“This really helps to paint the picture that this movement is growing,” he said. “People believe in this mission to provide LGBTQ young people with the opportunity to pursue their higher education goals, to improve their leadership abilities and then go on to make a significant impact on society.”
CLICK HERE to see more photos from Taste of Point.
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